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An Article
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Trampling of Due Process and Rampant Fraud Upon the Court
Call for Investigation!
March 21, 2007
By
Andy Rice
(View author info)
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White, Georgia - Letter to U S Department of Homeland Security
March 21, 2007
The Honorable Michael Chertoff, Secretary
Mail Stop: 0300
Department of Homeland Security
245 Murray Lane, SW
Washington, DC 20528-0300
Via: Web Posting and U.S. Mail
Dear Secretary Chertoff,
It is with great sadness and disillusionment that I write to you, sir, pursuant to my 1st Amendment right to petition the government for redress of my grievances. Furthermore, please consider this my request for Federal Whistleblower protection in that I am reporting fraud and corruption at various levels of government and corporate levels. I am an Honorably Retired United States Marine Corps Lieutenant Colonel, a current airline Captain for Delta Air Lines, [REDACTED FROM PUBLIC VIEW]. (Please Note: Due to sensitive security information (SSI), the italicized portion of the last sentence was redacted from the public version of this web letter. I am not attempting to circumvent the chain of command, but it is past time to elevate my grievance to the highest levels of our government. I have served my nation in some capacity for my entire adult life. My family immigrated to this nation in the early 1700s. My wife's family did the same. Our families have served this nation during every war/conflict from the Revolutionary War to Desert Storm. We are Patriots in every sense of the word.
I am an ardent supporter of the Constitution. As an Officer of Marines, each and every time I was promoted, I swore an oath to support and defend it from all enemies, foreign and domestic. My oath, being identical to the oath of every individual, except the President, "elected or appointed to an office of honor or profit in the civil service or uniformed services" is promulgated by 5 U.S.C. § 3331. This oath is the same as the one by which you and the copy recipients of this letter are bound. I stand by that oath still today, because I strongly believe it is the duty of every American to protect our freedoms, from whoever chooses to attack our rights, freedoms, and liberty. Today, I am compelled to write to you regarding domestic enemies of the Constitution. I stand ready to protect my homeland every day, but my family is under constant attack by a different kind of terrorist than that which you might expect, one that is difficult to defend against, our own government.
For the past seven years, my family has been victimized by certain government officials, purporting to act under color of law. I will address some of the more salient points. Much more information about our situation can be found at RiceGang and AHRC News Services. Upon request, I will be happy to provide numerous boxes of documentary evidence to you or your staff. Additionally, my wife and I would welcome a meeting with you, and any of the copy recipients of this letter, at the time, date, and place of your choosing.
Judge Adele Grubbbs, Cobb County, GA, Superior Court has repeatedly displayed bias, and outright hatred of my family in proceedings before her. She has violated the most basic tenets of jurisprudence. A dissolved corporation illegally filed an injunctive relief suit against my family, presumably for equitable relief regarding a $25,000 security fence we constructed at our former residence in Cobb County, GA. Lost Mountain Homeowners Association, Inc. and Architectural Control Committee of the Lost Mountain Township Homeowners Association v. Rice, Civil Action Number 02-1-04560-42 was filed June 7, 2002. Lost Mountain Homeowners Association, Inc. (LMHA) effectively ceased to exist in December, 1996 and was officially dissolved in 2001. Additionally, Lost Mountain Township Homeowners Association (LMTHA) is a corporation my wife and I founded in October 2000. We have always been the sole owners, officers, and shareholders of LMTHA. LMTHA has never hired an attorney for any purpose, certainly not to sue ourselves.
In 2003, Judge Grubbs threatened to incarcerate us if we asserted our lawful right to use our corporation's name. Judge Grubbs also illegally issued an order directing us to pay over $34,000 (now over $52,000 with a 12% interest rate) in attorneys' fees to OUR own corporation. The court record shows all attorneys' fees billing statements submitted to the court show our corporation to be the only alleged client. The other party is not referred to as having been a client or incurring attorneys' fees. I assure you, sir, our corporation has never retained counsel or filed a lawsuit against my family. The corporation executed and filed, with the Clerk of Court, appropriate documentation to support these facts. The use of our corporate identity to pursue litigation, obtain a SLAPP Order, and purchase an insurance policy clearly constitutes fraud, insurance fraud, corporate fraud, mail fraud, and constructive fraud, at a minimum.
During the past 7 years, we have been victims of identity theft, corporate identity theft, corporate fraud, insurance fraud, mail fraud, constructive fraud, fraud, invasion of privacy in the form of videotaping in our backyard (from a ladder above an 8 foot privacy fence), trespassed upon, damaged, had our car broken into (with damages of over $6000) while parked in the "secure' parking lot used by Delta Air Lines and approved by Homeland Security, received threats from elected officials, had our children terrified, been indicted (and threatened with incarceration) for allegedly having our burglar alarm activate false alarms (charges were dropped when the Solicitor was shown that the subject property was a similar address in our neighborhood, yet that homeowner was not prosecuted for the alleged offense), had our private telephone calls repeated in public due to mysterious "crossed lines," and been threatened repeatedly with incarceration for contempt of various "Orders," which are void on their faces. During the past 2 months, we have had several attempted break-ins at our former residence, which we still own. The Cobb County Police Department has repeatedly refused to conduct investigations into these crimes, in addition to the Department's refusal to investigate other crimes against us, due to the collusion between the various corrupt officials and attorneys, who work together to protect each other. Our Cobb County house has also been surveilled by people in unidentified vehicles. On one of these occasions, when we were not at the house, a Cobb Police Lieutenant went to the house and actually spoke to the man in a BMW, bearing a license tag from a different county. The Lieutenant told me, later that night, that he "is not at liberty to divulge the identity of the man." He also told me, "I can't make this man leave." Finally, he told me he would not write and file a report on the incident, in violation of the Cobb County Police Department's procedures. Due to the direct threatening actions against us, and the lack of equal protection under the law, we have been forced to vacate our almost $600,000 home of 16 years, at a great financial and emotional loss, in an effort to protect our children.
Judge Grubbs is a Speaker of the House appointee to the U.S. Department of Justice Coordinating Council on Juvenile Justice and Delinquency Prevention. You should be aware that two of your subordinates also sit on that council, with Judge Grubbs. According to the council's web site: Julie L. Myers, Assistant Secretary Immigration and Customs Enforcement, and John Pogash (Designee) National Juvenile Coordinator. The web site address is Juvenile Justice Council. As a member of this council, Judge Grubbs acts as a de facto employee of the U.S. Department of Justice. As you know, it is a very serious infraction for a member of the DOJ to violate a citizen's rights.
Apparently based upon our repeated efforts to publicize the fraud, committed by the law firm of Brock and Clay of Marietta, GA, and enabled by a close friend of the firm, Judge Grubbs, Mr. Richard Calhoun (a senior partner in Brock and Clay) has now resorted to filing 3 illegal garnishments against my pay. Mr. Calhoun has convinced Judge Pamela South, State Court of Gwinnett County, GA, to order a garnishment of my pay at Delta Air Lines, Inc., to be paid to LMTA, which you will remember was NOT a party to Judge Grubbs' void order awarding attorneys' fees. To date, Delta has withheld approximately $10,658.46 from my pay under the wrong plaintiff's name, while Mr. Calhoun signs pleadings saying NONE of the judgment has been paid. I filed a Notice of Removal to the United States District Court in order to have the Federal Courts adjudicate the illegal garnishment action, based upon federal due process violations. This case is now identified as CAN 1-07-CV-0564-BBM in the U.S. District Court, Northern District of Georgia, Atlanta Division. Additionally, Mr. Calhoun also obtained a garnishment order for our bank accounts under the false plaintiff name, LMTA, under the authority of Judge Grubbs herself, in violation of her own order in CAN 02-1-4560-42.
Prior to a trial, wherein we were denied a jury, Judge Grubbs engaged in a public conversation, at a Chamber of Commerce breakfast, with members of the aforementioned dissolved corporate plaintiff, LMHA. This conversation was personally witnessed, and related to us, by the District Attorney of Cobb County, GA, Patrick Head. As a former Federal Judge, you are certainly aware that Judge Grubbs lost jurisdiction over the matter at the moment she engaged in this illegal ex parte communication, pursuant to the Georgia Code of Judicial Conduct and the American Bar Association Code of Judicial Conduct. Additionally, on several occasions, Judge Grubbs has been presented public service awards, by attorneys from Brock and Clay, presumably for her assistance in the firm's illegal SLAPP endeavors against us. Judge Grubbs refused to offer her own recusal, many times, although she has never denied the ex parte conversation occurred. She has NEVER ensured the proper adjudication, by an impartial judge, regarding any of our recusal motions. We have also learned Judge Grubbs has discussed our case in the locker room at the Marietta Country Club. In another case, she made the public statement that our suit was frivolous, prior to reading any pleadings on the merits or convening a hearing. This prejudicial statement mandates recusal, which she refused.
Judge Grubbs has thrice ordered the arrest of me and my wife for what she terms civil contempt. On both occasions, Judge Grubbs convened improper hearings, in the face of pending and unadjudicated objections, notices of conflict, and/or recusal motions. [REDACTED FROM PUBLIC VEIW]. (Note: italicized portion redacted due to SSI).
The third time Judge Grubbs attempted to have us arrested, she once again held the hearing in our absence, in the face of properly filed pleadings. As to both hearings, she held the hearings in blatant disregard for a pending Petition for Writ of Prohibition, which is currently enroute to the Supreme Court of the United States via Certiorari. In June 2006 Judge Grubbs ordered us to be incarcerated until we paid over $47,000 and removed our fence. Under Georgia law, she has no authority to find us in contempt for a money judgment in an equity suit, if the order also ordered specific performance, such as removing the fence. [see O.C.G.A. § 15-1-4(b), London v. London, 149 Ga. App. 805, 256 S.E.2d 33 (1979), Ryan v. Kingsberry, 88 Ga 361 (14 S.E. 596 (1891), Wood v. Wood, 84 Ga 102, 10 S.E. 501 (1889)]. More importantly, imprisonment for an alleged civil debt would violate Art. I, § I, XXIII of the Constitution of the State of Georgia, which states quite simply, "There shall be no imprisonment for debt." Although Georgia was founded as a debtors prison colony, in 2007 it is not allowed to be so. Despite the illegality of the order for our arrest, my wife called the Sheriff's Chief Deputy (Linda Coker, a former member of the Georgia House of Representatives) and offered to remove the fence and give the Sheriff a certified check for the full amount of the illegally awarded attorneys' fees, which we would have to borrow. The Chief Deputy said she would have us arrested us for civil contempt even if we purged the contempt, which is in violation of Judge Grubbs' order and all vestiges of due process regarding the purge of civil contempt. The Chief Deputy also told a friend of ours, the next day, our children would go to the Department of Family and Children's Services (DFACS) if we were arrested. Georgia DFACS has a horrific history of children being injured or killed while in its custody. You should know, sir, that our 12-year old daughter is a Type I diabetic. We legitimately fear for her very life, if she is "taken" by DFACS. I do not plan to ever allow that to occur, regardless of the consequences. Additionally, the Atlanta FBI office told me they have no concern about a fellow federal officer being subjected to an illegal incarceration and refused to investigate.
In 2004, Chuck Clay, a senior partner of Brock and Clay made a terroristic threat against my wife. At the time, Mr. Clay was our STATE SENATOR. However, he was running for Congress in an effort to expand his political connections by representing the 6th District of Georgia. I was a candidate for the State Senate District 37 seat he was vacating. At a candidate forum/debate, Mr. Clay personally threatened my wife, Taffy Rice, who was a candidate for Georgia House of Representatives District 36. In the presence of approximately 5 citizens, including one of his opponents, Mr. Clay threatened my wife with words like "wait til you see what we're going to do to you," and "we'll take care of you." Mr. Secretary, if Tony Soprano or John Gotti made statements like that, it would be taken as a threat of violence. As a Marine, I view it the same way, particularly in light of the nefarious tactics used against my wife and children on other occasions. It is appalling that a Senator, with an oath of office, would stoop to such criminal levels, in violation of the Patriot Act.
After the threat by Chuck Clay, we contacted the proper authorities to seek justice. We contacted Cobb County District Attorney Pat Head and informed him of the facts. DA Head, however, is a good friend of Chuck Clay and refused to take any action. In fact, one of his Assistant District Attorneys, Tom Weathers, personally told us, and several neighbors, "If it's not rape, robbery, or murder, in Cobb County we don't have the time for it." We notified the Attorney General of Georgia of the threat, via a personal meeting between my wife and Deputy Attorney General Michael Hobbs. Deputy AG Hobbs also refused to take any action. We contacted U.S. Attorney William Duffey, who told us he would begin an investigation of the actions of Judge Grubbs, Chuck Clay, and Richard Calhoun, on the condition we did not release information to the press. A few weeks after my wife met with Mr. Duffey, he was confirmed as a federal judge in the U.S. District Court for the Northern District of Georgia. His next two successors, Sally Yates (interim U.S. Attorney) and current U.S. Attorney David Nahmias refused to investigate the crimes against us. In fact, Ms. Yates told me Mr. Duffey never began the promised investigation. In our last meeting with the U.S. Attorney's staff, Assistant U.S. Attorney Russell Vineyard told us we needed to hire an attorney in order to report a crime to his office, which of course violates a number of our rights as natural persons who happen to be U.S. Citizens.
In addition to the officials mentioned in the preceding paragraph, we also attempted to report Chuck Clay's terroristic threat to the FBI. Special Agent in Charge Greg Jones and Special Agent Mike McKinney, of the Atlanta office refused to investigate. He refused to accept evidence prior to telling us about his refusal. He also made some inappropriate comments to my wife regarding his illusions of grandeur. Agent Jones seems to think he is autonomous, as he stated he reports to no one. I am certain the FBI Director, Attorney General Gonzales, and President Bush would be appalled to know that they do not oversee the Atlanta FBI office. Pursuant the 1st Amendment to the U.S. Constitution and Art. I, § I, IX of the Georgia Constitution we have personally presented information about these crimes to Congressman Phil Gingrey, Congressman Tom Price, U.S. Senator Johnny Isakson, Congresswoman Cynthia McKinney, and Governor Sonny Perdue, with all refusing to take action. Former U.S. Attorney and former Congressman Bob Barr personally told us the actions taken against us constitute federal RICO violations. However, a few weeks after he spoke these words to us, he became a member of Chuck Clay's congressional campaign staff. We have contacted the FBI Director and the U.S. Attorney General but have received no response from either. However, a member of Special Prosecutor Patrick Fitzherald's staff told my wife we should consider moving to another country. As a veteran, I am appalled that our Justice Department would take such an unconscionable stance. Senator Isakson took a similar position when he was our Congressman. When we, and a neighbor met, with him in his Marietta, GA office, then Congressman Isakason suggested we sell our house and move out of state. It is appalling that a U. S. Special Prosecutor's staff attorney and a U.S. Congressman (now U.S. Senator) would believe the remedy to fraud and other crimes would be for the victim to run and hide, rather than investigate and prosecute the perpetrators. Mr. Secretary, as the head of the Department of Homeland Security, you are the last line of defense against terroristic threats such as the one made by Mr. Clay and the unconstitutional threats to our liberty by Judge Grubbs, both of which I believe violate the Patriot Act. Make no mistake, sir, the threat of illegally taking an honorable American couple's three children, liberty, and property is every bit as terroristic as anything the foreign nationals are planning. For, if any family is not safe from such governmental abuse, then every citizen is at risk. I respectfully request you call for an investigation into the crimes and unconstitutional acts perpetrated against us.
Judge Grubbs has repeatedly usurped authority, which is not granted to her by the law or the Constitution. This is in violation of her oath of office, pursuant to Article VI, Paragraph 3 of the Constitution of the United States of America and codified by O.C.G.A. § 15-6-6. A violation of the oath of office of a public officer is a crime pursuant to O.C.G.A. § 16-10-1. Additionally, Judge Grubbs has been known to harass and attempt to coerce her version of a verdict from jurors. We are in possession of a sworn affidavit from a jury foreman attesting to Judge Grubbs' efforts to control his vote in a criminal trial, via a threatening ex parte conversation outside the courtroom. In our cases, wherein Judge Grubbs has attempted to exercise jurisdiction, she has committed no less than 10 impeachable offenses pursuant to O.C.G.A. § 15-6-21, which the record reflects on its face.
During the past few months, anytime I have visited the Cobb County Superior Court Clerk's office to file pleadings, or pick up copies of pleadings and orders, which have not been properly served upon me, I have been discreetly followed by two Cobb County Sheriff's Deputies, as relayed to me by a Cobb County employee. However, on Monday March 12, 2007, the discreet following was raised to a new level. I was actually shadowed by two armed Deputies, during every move I made from the time I entered the Courthouse until I departed. This shadowing even included the two awaiting my exit from the restroom. It is clear I have been followed due to the relationship between the officials, who have committed crimes against my family, and the Sheriff's Department. A friend, who had business at the Cobb County Courthouse on March 13, 2007 related to me that a Courthouse employee confirmed to him that Deputies have been assigned to follow me. Secretary Chertoff, this is allegedly a civil matter simply "about a fence," as the various judges and lawyers are quick to say. Why then, am I being subjected to armed surveillance? [REDACTED FROM PUBLIC VIEW]. Note: italicized portion redacted from the public version of this web letter. It is time for the corruption in Cobb County, Georgia to come to an end. I sincerely hope you will assist in this endeavor.
On another note, Judge Grubbs has badgered a jury foreman, in a case not related to ours, in an illegal effort to coerce him into voting for a guilty verdict in a criminal case. I do not know the details of the alleged crime, and I do not know the people involved. However, a sworn affidavit, from the jury foreman, will soon be available at the following link: AHRC News Services. Attempting to coerce a juror into reaching a certain verdict is a crime and violation of that defendant's due process rights.
I respectfully ask you, and the copied recipients, to call for an investigation into these matters. Each of you have a duty to investigate violations, such as I have described. Please, sir, do not take the position that you are restricted by separation of powers. To the contrary, as a Cabinet Level member of the Executive Branch, you have a duty to check and balance the judiciary in order to ensure the protection of people's rights, specifically because of the separation of powers doctrine. You have a further duty to enforce violations of the Patriot Act. Furthermore, the Executive Branch has the duty to investigate and prosecute crimes, even if those crimes are committed by members of the state or federal Judiciary, just as do the Congressional copy recipients of this letter. The acts described herein, and I assure you I have only revealed the tip of the iceberg, constitute violations of the 1st, 4th, 5th, and 14th Amendments to the Constitution of the United States of America. They also constitute violations of 18 USC §§ 241 & 242.
We can best be reached at my cell phone, (770) 605-5961, the above mailing address, or andyrice@mindspring.com or taffyrice@mindspring.com. We look forward to your response in this matter. Believe me sir, time is of the essence, due to Judge Grubbs' next attempt to illegally deprive us of our liberty, in an illegally scheduled hearing, today, with pending appeals stripping her of jurisdiction. In fact, she told us face-to-face, yesterday, she had not canceled the hearing despite the fact our appeal of her contempt order has relieved her of jurisdiction to convene the hearing. Obviously, for my family, time is of the essence. God Bless you, sir, and thank you for your interest in this matter.
Semper Fidelis,
J. Andrew (Andy) Rice
Lieutenant Colonel, USMC, Retired
P. O. Box 540
White, GA 30184
Copy to:
The Honorable Alberto Gonzales, U S Attorney General
Glenn Fine, U S Inspector General, Department of Justice
The Honorable Nancy Pelosi, Speaker of the House - U S Congress
The Honorable John Conyers, Chairman, U S House Judiciary Committee
The Honorable Patrick Leahy, Chairman, U S Senate Judiciary Committee |
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